Quick answer
Gather the records first, then review them with counsel. Pay particular attention to anything you recall differently. Your answers at the deposition will be sworn testimony, so use your own words and leave out guesses. There is no need to supply an exact date you cannot remember. A question you do not understand needs clarification before you answer it.
What you say at a deposition becomes part of the testimony in the case. Later, someone may compare an answer with a photograph, a medical note or something you said earlier. That is why preparation should deal with your actual history, including the parts you find difficult to explain. Your lawyer needs to know what you saw or felt yourself and what you learned from someone else. Making an answer sound stronger than your memory will not fix a gap.
For the broader Texas injury claim process, see the Texas injury claim value and litigation hub.
Build a truthful timeline from your records
Review the incident report, photographs, medical and imaging chronology, prior treatment, wage records, written discovery responses and any statement you gave after the event. Note the date and source of each record. If a video changes your understanding of the event, distinguish what you personally remember from what the recording appears to show. If something differs from your memory, do not change the memory to match a document; bring the difference to your lawyer and explain what you remember and what you do not.

For medical topics, distinguish what you personally felt from what a clinician told you or what a report says. You can describe symptoms, treatment and how an activity affects you. Do not guess what an image shows or use a diagnosis you have not been given. If you do not understand a medical term, say that rather than offering an interpretation.
Answer the question that was asked
Listen through the whole question, pause long enough to understand it, and answer in your own words. If a question is unclear, ask for it to be repeated or clarified. If you do not know or remember, say so. Do not estimate a date, distance, speed, weight or amount unless you can explain the basis for the estimate. Your lawyer can advise you about the deposition process, but the testimony must remain your own.
A direct answer may still need an explanation to be accurate. For instance, a question can assume you stopped working when you actually continued on reduced hours. Do not accept that premise just because it is part of the question. And if you notice later that an answer was wrong or incomplete, bring it to your lawyer promptly so the correction can be addressed properly.
Be ready to discuss difficult facts
Tell your lawyer about prior symptoms even if you believe they have nothing to do with this claim. The questioning may return to an earlier injury or to an accident that happened later. There may also be questions about why you waited to seek care, stopped treatment, missed work or appeared in an activity photograph. An honest explanation can include uncertainty. It should not omit a difficult fact or deny an activity you sometimes managed to do.
The grocery-photo example shows the problem with an absolute answer. A person who says, ‘I have never lifted anything since the accident,’ may then be shown carrying a bag. What did the bag weigh? Was there help with the heavier groceries, and did symptoms follow the trip? How often did this happen? The truthful account might include all of those details. The witness should describe that account rather than select a phrase for its effect on the case.
Describe function with concrete examples
When asked what you can do, avoid both extremes: claiming that every task is impossible or saying you are fully recovered because you manage some activities. Explain what you could do before, what changed, what you can do now, how long it takes, what help you need and what happens afterward. If your condition varies, describe the good and difficult days and how often each occurs, to the best of your memory.
For the work questions, have the dates available for your preparation session. Identify when you stayed home, when you worked fewer hours and when someone changed your duties so you could keep working. Those are different experiences. Counsel can help you examine the pay records, but you must be able to explain the basis of your claimed loss. Flag any mismatch with a previous written answer before the deposition.
Practice the process, not a script
Your lawyer may conduct a preparation session using likely question types. Use it to practice listening, clarifying and giving a complete but direct answer. Do not memorize a story, coordinate answers with anyone else, or try to guess the question that will make the case sound best. If a question surprises you, pause and answer truthfully.
Oral depositions in Texas are taken under oath under Rule 199.5(b) of the Texas Rules of Civil Procedure. The current rules govern the procedure. Ask your lawyer about logistics, breaks, objections and any case-specific instruction before the deposition begins.
Bring concerns to your lawyer early
A confusing treatment note or an old photograph is something to discuss before the session. The same goes for a discovery answer that may need correction. Let counsel examine the record and investigate the difference while there is time to decide what response or supplement is appropriate. Trying to explain it for the first time under oath leaves less room to investigate.
Memory does not supply a precise answer to every question. You may recall part of the event clearly but have no memory of a particular time or conversation. Treatment and symptoms can also change, and the records may be incomplete. Counsel needs to hear about those limits during preparation so you are not trying to replace them with unwarranted certainty on the day.
Related guidance
See How Texas Injury Claims Are Valued and Litigated for the broader relationship between testimony, medical evidence, damages and case value.
For the firm’s personal-injury practice areas, see the live practice page.
Discuss an injury claim
Contact The Law Firm of Aaron A. Herbert, P.C., at (214) 200-4878 or request a consultation. Free consultation. No fees or expenses unless you recover.
This is general information about preparing for a Texas injury deposition, not advice about a particular case. Testimony, procedure and outcomes depend on the facts, questions, applicable rules and counsel’s guidance. Reading this article does not create an attorney-client relationship.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
